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(영문) 의정부지방법원 2020.01.16 2019고단3515
재물은닉등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 20, 2019, the Defendant: (a) around 01:00 on July 20, 2019, cited the victim’s plastic chairs located in front of the “D” restaurant for the victim’s C operation in the Namyang-si, Namyang-si; and (b) concealed it in front of the “E apartment in the Namyang-si, Namyang-si.”

2. Damage to property;

A. At around 01:00 on July 20, 2019, the Defendant: (a) placed the victim H operation (“I”); (b) placed the victim’s market price in front of the victim’s “I” car page in Namyang-si, Namyang-si; and (c) damaged the victim’s market price in front of the Jdong in Namyang-si, Jdong. B. On July 20, 2019, the Defendant: (a) found the victim’s E apartment in South-si, South-si, where he/she is a father of his/her father, and destroyed the victim’s “L” mark in front of the front of the front door, and (b) destroyed the victim’s damage, such as the Plaintiff’s e apartment in South-si, where he/she resides with the victim’s K, his/her father, who is his/her father.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of H and K;

1. All on-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation (Securing additional victims);

1. Relevant Articles of the Criminal Act and Article 366 of the Criminal Act concerning the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. The scope of applicable sentences under law: Imprisonment for one month to four years; and

2. Scope of recommendations based on the sentencing guidelines: In cases where the basic area (4 to 10 months), the basic area (4 to 10 months), (4 to 10/3) of punishment (including special mitigation (including advanced efforts to recover damage), or a significant portion of damage) has been recovered from the scope of punishment from April to June 10 (i.e., May 10/10) (i.e., the scope of recommendations) of punishment; and

3. Determination of sentence: The same sentence as the order shall be determined in comprehensive consideration of the sentencing conditions shown in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, for four months of imprisonment, one year of suspended sentence, and others.

D. Unfavorable circumstances: The defendant was ordered to suspend his sentence with respect to past injury.

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